The person concerned submitted an application for residence on the basis that he is the spouse of an EU citizen, having married the EU citizen in Ireland on the 25 January, 2006.
The application has been examined under the provisions of the European Communities (Free Movement of Persons) Regulations 2006. These Regulations give effect in Irish Law to the European Directive on the rights of citizens of the Union and their family members to move and reside freely within the territory of the Member States (Directive 2004/38/EC).
An examination of the documentation submitted shows the person who is subject to Irish entry visa requirements did not obtain the appropriate Irish entry visa prior to their arrival in the State. While he was issued with a UK entry visa this only entitled him to enter the territory of the United Kingdom. UK entry visas are not valid for entry to this State . It is therefore the case that the person entered the State illegally, and has remained illegally in the State for a number of years.
I understand that the Immigration Division of my Department has recently informed the person concerned that he does not qualify for residence on the basis sought. A further letter will be issued to him shortly outlining the various options open to him.